(A) General violations.
(1) Any person found to be violating or failing to comply with any of the provisions of this subchapter shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(2) Any person who shall continue any violation beyond the stated time limit shall be guilty of an ordinance violation and upon conviction thereof, shall be subject to a fine. Each day in which any violation shall continue shall be deemed a separate offense.
(B) Violations; recovery of costs; remedies not exclusive.
(1) Civil penalties.
(a) If a user is found to have violated a provision of this chapter, the user shall be subject to a fine of up to $2,500 for the first violation thereof, and $7,500 for each subsequent violation. Each day a violation exists shall constitute a separate violation of this chapter.
(b) The Superintendent may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of fine, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) The issuance of a citation for an ordinance violation and the seeking of a fine against the user shall not be a bar against, or a prerequisite for, taking any other action against a user.
(e) The city may also seek enforcement so that the requirements of this chapter through administrative or judicial enforcement proceeding under I.C. 13-30-3.
(2) Remedies not exclusive. The remedies provided for in this section are not exclusive. The Superintendent may take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the city's Enforcement Response Plan. However, the Superintendent is empowered to take more than one enforcement action against any non-compliant user.
(3) Recovery of costs incurred by the authority. Any discharger violating any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority's wastewater disposal system, shall be liable to the Authority for any expense, loss or damage caused by that violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under provisions of this section and of this code.
(4) Criminal prosecution. A user who willingly or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement may be prosecuted under I.C. Title 13 and/or I.C. Title 35.
(a) A user who willingly or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Class D felony and be subject to a penalty per day per violation. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(b) A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a Class B misdemeanor and be punished by a fine per violation, per day.
(Ord. 733, passed 12-10-2007)